Land Registry- transferring unregistered land

magalar

My mother in law died last year leaving her estate to be split 3 ways. A third to my husband, a third to his sister and a third to be split between the grandchildren. We decided we would buy the others share of the house so sold our home to do this. We now need to get the property transferred into our name with Land Registry and pay the appropriate Stamp Duty. It was previously unregistered and i have got forms FR1, and D1. Do I need any others and how do we prove we are the owners? Any help would be appreciated.... Also do i need to do the search form K15 as previous owners are now deceased?

booksurr

whilst the Land Registry cannot give legal advice, they are put on earth to guide you helpfully and professionally through the process so rather than asking on here, ask them

http://www.landregistry.gov.uk/contact-us

making sure you use the 'gov.uk land registry not some rip off site that charges you for free info

Land_Registry

Many thanks to booksurr although I suspect there are matters involved here that we will not be able to advise you on

Our guidance on First registration is a good place to start although as you are referring to FR1 and DL you may have already read this.

The evidence of title is the crucial starting point and I assume that you have title deeds showing the change of ownership over the years and a final deed for when your mother-in-law acquired the property. This will be the root of title referred to in the guidance.

As she has now passed away the ownership needs to be transferred by the executors as named in probate - again I am assuming this has been obtained. If it has then the executors should be able to transfer the property to you using form TR1 or you could have a separate deed drawn up to convey the title. A link to the form and the guidance on it's completion is available here. The guidance is aimed at dealing with an already registered title but focus on the form itself rather than the circumstances being referred to.

The Transfer will in effect trigger registration so it will be a compulsory registration as a result and not a voluntary one.

Any issues re stamp duty should be addressed to HMRC - the completion notes for the TR1 refer you to their contact details

We will need search results as per the guidance provided in section 6 of the first registration guidance. The original deeds may cover this in some way if they include previous searches etc